Derek is a Yale Law Fellow with the Information Society Project, columnist and policy expert. In 2014, Forbes recognized Derek in their 30 under 30 in law and policy.
He has previous work experience working as a House and Senate staffer. While a House staffed he authored the widely read House Republican Study Committee report “Three Myths about Copyright Law.” Derek then led successful national campaign on cellphone unlocking.
Derek has spoken widely, including at the International Consumer Electronics Show, Freedom to Connect, South by Southwest, Princeton University, Harvard Berkman Center, Personal Democracy Forum, California GOP Convention, IP Law Association Annual Meeting and the Conservative Political Action Conference. Derek is a paid contributor with Forbes, National Review, Politix, the Atlantic and has also contributed columns to Wired, TechCrunch, Techdirt, Washington Post, Human Events and BoingBoing.

Press Release For NTIA Filing

“WASHINGTON – Citing the need for greater competition and consumer choice in the marketplace for wireless services, the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA) today formally petitioned the Federal Communications Commission (FCC) to require wireless carriers to unlock mobile phones, tablets, and other devices for use with other carriers upon request. “Americans should be able to use their mobile devices on whatever networks they choose and have their devices unlocked without hassle,” said Assistant Secretary of Commerce for Communications and Information and NTIA Administrator Lawrence E. Strickling.

The petition requests that the FCC immediately initiate the process of setting rules that protect Americans’ investments in mobile devices by allowing them to use their equipment with any compatible network. Mobile device unlocking involves disabling or removing “locks” placed on these devices by mobile carriers that prevent them from working on another operator’s network. The proposed rule would shift the burden associated with device unlocking onto the carriers that imposed the locks, and ensure they consistently do so in a way that is both expeditious and transparent. Removing a lock on a mobile device, however, would not affect any service agreement or contract the consumer has with a mobile provider.”

As a response, we issued a press release copied below:

(Washington, DC) “As of November 24, 2003, consumers have been given the right to change providers while keeping their wireless number. Since 2007, consumers have also had the right to “unlock” their wireless device. But the Librarian of Congress recently made a bureaucratic ruling eliminating consumers’ right to use their device as they see fit after their contract expires. This Congress is now forced to act to protect the rights of the owners of wireless phones to use them as they choose.

This critical issue affects millions of Americans and ultimately the future of the wireless market.

Today, the NTIA continued to push this idea forward with their filing to the FCC. Unfortunately millions of Americans are still unable to unlock their phones and potentially felons while we wait for action. In January over 114,000 Americans signed a petition demanding action on this important issue. In February the Administration responded and came out in favor of cellphone unlocking. Since that time we have had several bills introduced in Congress, including one that has passed of the House Judiciary Committee. It’s well past time for Congress to act, as there is consensus across the board on the solution, this issue must be fixed without delay.

We believe that the best course of action is, in the words of FCC Commissioner Ajit Pai, “Let’s go back to the free market. . . [allow consumers] to take their mobile devices from one carrier to another without fear [and] those who help consumers unlock their phones [shouldn’t] be prosecuted either. . . ” Let’s get the Librarian of Congress out of the role of deciding which technologies to ban. Overall, the issue of cellphone unlocking can be dealt with better through Congress than through the FCC, as it was Congress that created the problem, but we welcome attention and action on any front. In the meantime, while nothing is done, international travelers pay the price for this important technology being off-limits. Our service members who have to decide between breaking the law and committing a felony, to unlock their phone to use it in Afghanistan, or not being able to use their phone at all.

As we have previously testified, the solution is simple: “ our contention is that given the enormous benefits that phone unlocking provides to the consumer, phone unlocking should be made permanently lawful for the consumer to use, industry to develop and marketers to sell.”

If Congress, the White House, Commerce Department, FCC, cell phone carriers and average Americans think that this technology is beneficial for the market – then shouldn’t the law be that this technology is permanently lawful, both for personal use and for businesses to develop? Banning technologies is an extreme step by government, a truly incredible reach of Federal power, and Congress should be very careful in continuing to delegate the authority of what technologies to ban to a quasi-regulatory agent when, in these and many other circumstances, there is no compelling governmental interest.

We are hopeful that Congress will seriously address this issue. As Commissioner Pai noted, “We don’t need to have the exact same debate every three years, like an extended version of the movie Groundhog Day.””

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